Research On Several Issues Of Non-typical Omission

China’s criminal law academic emphasizes on the research to ACT. We have builtalmost complete system and framework to the ACT Identification and punishment.Theresearch to ACT has matured. It is easy to identify pure ACT such as the crime ofabandonment in our Judicial practice for our legal provisions clearly defined it.However, fornon-typical omission, our Criminal law doesn’t have clear identifications. Besides that, thereis an uniqueness of the obligation and causality for non-typical omission In recent years, thereare more and more non-typical omissions in our national court. But there are differentjudgments due to judges’ different understanding and they don’t have deep and convincingarguments, so there are huge arguments in non-typical omissions’ identifications and it isimportant to research the non-typical omission’s identification.This essay embarks on one taxi driver abandoned his injured passenger and analyzes thenon-typical omission’s obligation and causality based on different opinions to this case. Thereare five parts in the main part except introduction.The first part is the origin of this case that the driver abandoned his injured passenger.The second part is the introduction of this case. The author introduces the basic facts ofthis case.The third part, we focus on the controversy and different opinions. One opinion is thatthe driver commit intentional killing and the other opinion is that the driver commit accidentalkilling. The main focus which causes different opinions is that whether the driver’s behaviorbelongs to non-typical omission or not. There are three aspects:I.Whether the driver has the obligation to rescue that passenger or not.II.Is there a causality between the passenger’s death and the driver’s omission?III. Whether the driver has guilty or not?The forth part is Legal Analysis, which is the main part of this essay, focuses on theanalysis and judgment of core issues on the identification of the non-typical omission. Firstly,analyze the duty of act as the offense of non-typical omission from the form of obligation andthe essence of obligation. Secondly, discuss the reasons、the characteristics and the judgmentof causality. In addition, according to the focus of the case, to distinguish indirect intentionand negligence subjective mentality too confident. The fifth part is the conclusion and refection. From the analysis in part four, the authorgets the conclusion that that driver doesn’t have the obligation and his omission has norelation with the passenger’s death, so the author get the conclusion that the driver does nothave non-typical omission. What’s more, the author also discusses some behaviors such xiaoyueyue and asking for money with the corpse and whether the judge can sentence someonedue to his or her indifferences to danger or not.